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LegalText 49 U.S.C. § 41106 Airlift service us united_states_code code_section 49 TRANSPORTATION 411 AIR CARRIER CERTIFICATES 41106 49 U.S.C. § 41106 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s41106 data/legal/raw/us/code/title-49/usc49.xml 7066e31b83aa4b1471b99d0512ec418b72ef2cbeaf5e67220d79d4f2499ba883 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb b0fede4ba78cf782f43f302da45a363320e5db7aa568d6fb293c809332fedefd 2026-07-04 official
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49 U.S.C. § 41106 - Airlift service

Text

(a) Interstate Transportation.— (1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—

(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and

(B) holds a certificate issued under section 41102 of this title.

(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.

(b) Transportation Between the United States and Foreign Locations.— Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).

(c) Transportation Between Foreign Locations.— The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.

(d) Exception.— When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.

(e) CRAF-eligible Aircraft Defined.— In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.

(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106398, § 1 [[div. A], title III, § 385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A87; Pub. L. 11281, div. A, title III, § 365, Dec. 31, 2011, 125 Stat. 1380.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4110649 App.:1371(o).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 401(o); added July 12, 1976, Pub. L. 94353, § 18(a), 90 Stat. 883. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. In subsection (a), before clause (1), the word “passengers” is substituted for “persons” for consistency in the revised title. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:113(a). The words “an air carrier” are substituted for “carriers” for clarity. In subsection (b), the words “to provide the service” are added for clarity.

Editorial Notes

Amendments2011—Subsecs. (a)(1), (b). Pub. L. 11281, § 365(a)(1), substituted “CRAF-eligible aircraft” for “transport category aircraft”. Subsec. (c). Pub. L. 11281, § 365(a), substituted “CRAF-eligible aircraft” for “transport category aircraft” and “referred to in subsection (a)” for “that has aircraft in the civil reserve air fleet”. Subsec. (e). Pub. L. 11281, § 365(b), added subsec. (e). 2000—Subsec. (a). Pub. L. 106398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1), substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,” and struck out “of at least 31 days” after “through a contract”. Subsecs. (b) to (d). Pub. L. 106398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 AmendmentPub. L. 106398, § 1 [[div. A], title III, § 385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A87, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”